The Constitutional Court of Uganda has just struck down its controversial “Jail the Gays” law — but only on procedural grounds.
Breaking news , I am officially legal . The constitutional court in Uganda has declared anti homosexuality law 2014 null and void
— Dr. Frank Mugisha (@frankmugisha) August 1, 2014
The Anti-Homosexuality Bill, created in 2009 as a bill that mandated the death penalty for homosexual acts, has been struck down by Uganda’s Constitutional Court. The Anti-Homosexuality Act Of 2014, signed  into law by President Yoweri Museveni in February, was ruled invalid as the speaker of the Ugandan Parliament, Rebecca Kadaga, had pushed a vote on the bill in December without a required quorum.
Lovely pic of @frankmugisha in court today to hear the verdict on #Uganda anti-homosexuality bill: NULL AND VOID! pic.twitter.com/dNa1uris9A
— HIV/AIDS Alliance (@theaidsalliance) August 1, 2014
“In the five months since Uganda adopted the law, which imposes a sentence of up to life in prison for homosexuality and criminalizes advocating LGBT rights, LGBT Ugandans have lived under the constant threat of arrest or mob violence,” Buzzfeed’s J. Lester Feder reports. “The court’s decision paves the way for organizations to again begin operating openly and to allow LGBT people to resume normal lives. But that change will come slowly — homosexuality remains a crime in Uganda under a provision of the penal code on the books before the Anti-Homosexuality Act was passed last December, and there is a chance of a surge in anti-LGBT violence in reaction to today’s ruling.”
The decision could also significantly ease international pressure on President Yoweri Museveni, who has been under pressure from the United States, the World Bank, and other important donors to get rid of the law or at least substantially weaken it through enforcement.
The court was ruling on a petition brought by a group of 10 human rights activists, legal scholars, and opposition politicians. The court did not rule on the underlying question of whether anti-LGBT laws violate basic human rights, and so the pre-existing sodomy code, which was imposed when Uganda was a British colony, remains in place. Two men are currently awaiting trial under this provision.
Since the vote last year, there has a 20-fold increase in incidents of anti-LGBT harassment, including blackmail, eviction, and torture, according to a study by Sexual Minorities Uganda. The country’s largest human rights organization, the Refugee Law Project, has also had many of its activities shut down by the government, which alleges it was involved in “promoting homosexuality.â€
Once the bill was signed into law, authorities wasted no time arresting Ugandans on charges of having sex, and landlords evicted tenants they thought might be gay.
The U.S. religious right is strongly believed to have been the catalyst for the law, and many point to anti-gay hate group leader Pastor Scott Lively, who traveled in Uganda just before MP David Bahati introduced the original 2009 bill. Bahati’s close relationship with Ugandan religious leader Pastor Martin SSempa strengthened the country’s desire for the bill. “This is a victory for Uganda. I am glad the parliament has voted against evil,†Bahati said when the bill passed last year.
Pastor Martin Sempa, leading homophobe in Uganda with a few supporters listening to judgement in the anti homo act pic.twitter.com/vm7C0BCLaz
— Andrew M. Mwenda (@AndrewMwenda) August 1, 2014
Others point to the infamous Washington, D.C. C Street group, known as “The Family,” of which Bahati was a member, for pushing the bill.
BREAKING : The Constitutional Cour of #Uganda invalidate the anti #gay law signed by Museveni ! via @KashaJacqueline pic.twitter.com/qcG3VMM7BK
— jean rossignol (@jrossignol) August 1, 2014
Still others have taken to task U.S. evangelical leaders including Pastor Rick Warren, Joel Osteen, T.D. Jakes, and hate group head Tony Perkins for their position and association with the bill.
Watch:
Â
Related:
Tony Perkins: Uganda President ‘Leading His Nation’ With ‘Kill The Gays’ Bill
Scott Lively: Uganda Anti-Homosexuality Bill’s Expected Passage A ‘Huge Blessing’
Help Stop Evangelicals Exporting Homophobia And Sexism To Uganda
American Family Association Leader Praises Uganda Anti-Homosexuality Law
Â